Mediafax (Mediafax)
Business  |  August 16, 2012 08:00:50

For suggestions will be unreasonable to insolvency 50tisícová fine senators nodded


PRAGUE (MEDIAFAX) - The Senate on Wednesday approved amendments to the amendment to the Insolvency Act. It introduces a penalty for filing an insolvency petition unjust penalty of up to 50 thousand.

Senators unanimously voted for the amendment 58 votes. The original proposal was accompanied by only a few minor changes to its Constitutional Law Committee.

"We want to introduce a new possibility for the court to quickly, within days, to refuse such an insolvency petition, which is obviously unreasonable. Apparent unreasonableness is defined in the law examples. List is not exhaustive. Insolvency Act allows the court to require the applicant draft unjust penalty of up to 50 thousand crowns, "said earlier the former Minister of Justice Jiri Pospisil (ODS).

The aim is to avoid the draft proposals to initiate insolvency proceedings by creditors, which is initiated by dishonest intentions. Norma responds to the growing problem of practical proposals to initiate insolvency proceedings by creditors who are trying their administration of the contestant eliminated from further competition.

"The goal of this design tend to insolvency is administered mainly to injure a competitor's reputation, credibility and ability to bid for public contracts, the possibilities and conditions for obtaining the loan and so on," the ministry said, adding: "Everything is done with the knowledge that that fact alone is sufficient to initiate insolvency proceedings and the body concerned to discredit his position insecure especially in the eyes of contractors and the public. "

Resort to the draft worked with representatives of the Association of Insolvency, the Czech Banking Association and people from academic and private sector. The law also participated in the Senior representatives and regional courts and the Supreme Court.

Insolvency under the amendment proposal will be clearly unreasonable especially if the petitioner proves his administration claim that, according to the contents of the application of "clearly questionable." The new claim does not help him, which for the purposes of the decision to come near bankruptcy. Unreasonable will be re-submitted a proposal in which the petitioner can demonstrate that he has fulfilled the obligations imposed by the previous decision. And finally, one in which the petitioner "Plainly the abuse of their rights at the expense of the debtor."

Any decision by the Bankruptcy Court denied the petition for his unreasonableness refuses, it may also require the applicant for filing a disciplinary fine of up to 50 thousand. The specific amount of the judges determine, taking into account all the circumstances. The judges will be able to limit the injunction as well as some of the effects associated with the initiation of insolvency proceedings, "in case of particularly serious reasons".

"The law is intended to allow courts to impose the requirement for a lender to ensure the security of damages or other harm that the debtor was unjustified commencement of insolvency proceedings and measures taken in the course until a decision on the proposal for bankruptcy," joining promoters. Something like that should be possible but only on the proposal of the debtor.

The aim is also standard practice to refine the current bankruptcy law, which aims to ensure compensation. These are cases where it is obvious that someone was opening the insolvency proceedings and actions taken during his shame and guilt of the petitioner.

The act will become effective on the first day of the month, which will follow its publication. The new version will also apply to bankruptcy proceedings that began prior to its effectiveness. The exception will have no valid legal effects of acts of the present proceedings. You will remain unchanged.

Teresa Merry, Karolina Brozova, Jan Kálal, vesela@mediafax.cz

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